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The Rubiks Cube trademark is fully distinctive

    The creator of the well-known game Rubiks Cube, and his licensing company sued for counterfeiting acts a French company on the basis of their community three-dimensional trademark representing the famous cube. The defendant tried to obtain the cancellation of the mark arguing on one hand that the shape of the game could not…

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similarity of clothing and eyeglass

On December 2nd, 2005, the Paris Court of Appeal considered that clothing and eyeglasses should be regarded as similar products.For the French Judge, eyeglasses have become fashion and clothes accessories.   The diversification policy of fashion houses reflects this situation. DIOR for instance systematically offers for sell accessories including eyeglasses together with their luxury products…

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ECHINAID/ ECHINACID

The European Court of First Instance denied the risk of confusion between the word marks ECHINACIN and ECHINAID for nutritional supplements in class 5.   The decision states that consumers who are interested by such products pay more attention to them and are therefore supposed to have a higher degree of information and attention. As…

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The success of the .eu

On May 24, 2006, 1 807 686 European domain names were reported among which 346 218 in the sunrise period. Germany is at the first position with 585 085 domain names. Last position is for French Guyana with only 6. France holds the fifth position. Will the .countries of European union will leave their place…

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Beer bottle with special glass effect

On May 10, 2006, the High Court cancelled the Fishers trademark constituted of the shape of a beer bottle. The judge refused to recognize distinctiveness to the bottle whose characteristics are its long neck and a frosty surface. It was in fact considered that those elements, taken separately or altogether, are currently used in the market…

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Use of a mark under a modified form

For the Board of Appeal, the use of the word mark VITAL under the form VIT’ALL is altering the distinctive character of the mark : the addition of the second L letter and the separation of the word VITAL in two portions creates a new visual impression which is reinforced by the  + ending (Decision dated…

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